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Through: Mr.Arunabh Chowdhury, Adv. VCTSUS SOGA IMPEX P.LTD. ..... Respondent
Through: None.
ORDER. % 11.08.20L1 CRL. M.A 943Ll2OL1(Exemption)
Allowed subject to all just exceptions. cRL. M.C. 2644l20L1
JUDGMENT
1. Learned counsel for the petitioner submits that a complaint under Section 138 of N! Act was filed in the court of learned MM, South, New Delhi.
2. On 27.04.2011, CW-1 was examined, however the cross examination of the witness CW-1 was deferred as no time was left. The case was adjourned for cross examination of CW-1 to t 2r.07.20L[1] at 12 Noon.
3. Learned counsel for the petitioner submits, that on 2L07.2071, the learned trial Judge has passed an apparently wrong order which reads as under:- 2L.O[7].2077 Present: Complainant in person with Counsel Sh. G. Panmei, Ld. counsel for the 2011:DHC:9020 2-a accused. Accused in person with counsel, The Ld, counsel for accused is not prepared to cross examine the witness, Upon heing inquired by the court as to his intelligence about complainant evidence, he has no clue as to details and nuances of the evidence, In view of these circumstances the cross examination is deferred, subject to cost of Rs.1S,OOO/- to be deposited with DLSA and Rs,IS,OOO/- to be given to the accused to cross examine the witness. Now to come up on L8th of August, 11 at 2,3opm, sd/- NIPUN AIAIASTHI M.M(OL), South, NI Act New Delhi 2L.07.20LL
4. On perusal of aforesaid order, learned MM enquired from the learned counsel appearing for the petitioner/accused as to about his intelligence.
5. Learned MM could not get any as"to clue as to the details and nuances of the evidence.
6. For these circumstances, learned MM imposed a cost of Rs.30,000/- out of which Rs.15,000/- to be deposited with DLSA and Rs.15,000/- to be given to the accused to cross examine the witness.
7. I note that the error apparent in the order is that the petitioner/accused has to pay Rs.15,000/- to the accused i.e. he has to pay Rs.15,000/- to himself, which in itself is an error. o 3.'
9. l, further advise, Sh. Nipun Awashi, the learned MM should refrain himself from using harsh and personal adverse remarks in judicial orders.
10. The order dated 2L.07.2011 is set aside and modified to the extent as noted above.,r 11. A copy of this order be sent to the learned MM named I above. L[2]. Accordingly, Crl. M.C. 26441201L is disposed of on the above terms. cRL. M.A.9430/201 1(STAY),I The application is disposed of being infructuous.
SURESH KAIT, J AUGUST LL,?OLL j